Sarafaraz Khan Sameeioula Khan Pathan And Others v. The State Of Maharashtra Through Its Chief Secretary And Others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 79 WRIT PETITION NO.432 OF 2023 SARAFARAZ KHAN SAMEEIOULA KHAN PATHAN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS CHIEF SECRETARY AND OTHERS ...
Advocate for Petitioners : Mr. Vivek U. Rathod AGP for Respondents: Mr. S.G. Karlekar .....
CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.
DATED : 17th JANUARY, 2023.
PER COURT :- 1.
In this petition, the issue that has been raised by the petitioners is, as regards the notional addition of an annual increment, while computing their pension and pensionary benefits. Such increment became due and payable on the last day before their superannuation, on completion of their last year service. 2.
The petitioners have superannuated on the 30th day of June of a particular year, as they were due for superannuation. For the sake of clarity, the names of the petitioners and their dates of superannuation are mentioned in a chart hereunder :-
-2Name of the petitioners, initial date of their appointments, Date of last increment & Date of superannuation of petitioners Sr.
No Date of Superannuat ion /Retirement 1.
Sarafaraj Khan Sameeioula Khan Pathan Name of the Petitioners Date of Appointment Date of Last annual increment 23.02.1987 01.07.2020 30.06.2021 2.
Subhash Pandurang Solanke 22.06.1986 01.07.2020 30.06.2021 Ramesh Laxmanrao Surduse 01.08.1986 01.07.2021 30.06.2022 Shaikh Jammiroddin Mohd. Hafijoddin 09.11.1981 01.07.2015 30.06.2016 Mukind Shivaji Ingole 09.01.1981 01.07.2016 30.06.2017 3.
The issue raised is no longer res integra, having been concluded by the Madras High Court vide judgment dated 15.09.2017, in WP No.15732 of 2017, filed by P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others, which judgment has been sustained by the Hon'ble Supreme Court vide order dated 23.07.2018, in Special Leave Petition (Civil) Diary No.22283/2018. Even this Court has passed several orders granting such benefits, which have been sustained by the Hon'ble Supreme Court.
4.
In view of the above, this petition is partly allowed. The petitioners are entitled to the notional addition of the last yearly
-3increment for the purpose of calculating their pension, gratuity, earned leave, commutation benefits etc. In so far as arrears of the benefits are concerned, the petitioners would be entitled for the same for a period of three years preceding the date of filing of this petition or as per actuals, whichever is less. Such arrears should be calculated and be paid to the petitioners, on or before 30.04.2023. 5.
Needless to state, by including the last earned increment, the appropriate authorities shall recalculate the pensionary benefits of the petitioners and accordingly, pay the pension as per the recalculated amounts along with the arrears.
(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/